Copyright infringement and GPL violation in tinypeap

[Alan DeKok]

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  Your web site http:/www.tinypeap.com (hosted at the Georgia
Institute of Techology, machine "rhampora.cc.gatech.edu") is
distributing programs built at least in part from code that is derived
from the FreeRADIUS server project (http://www.freeradius.org).  I
refer you to the following URL's:

http://www.linksysinfo.org/modules.php?name=Forums&file=viewtopic&t=5649

  This message contains text with error messages "rlm_eap_tls:
SSL_read failed inside of TLS ".  The "rlm_eap_tls" module is part of
FreeRADIUS, is copyright by me personally, and is licensed under the
terms of the GPL.

  However, in the forum post at:

http://www.linksysinfo.org/modules.php?name=Forums&file=viewtopic&t=4533

  You claim that tinyPEAP is "closed source".  You further do not
acknowledge my copyright on code that you distribute.

http://www.tinypeap.com/bin/peapd-beta1.zip

  This URL points to a file which contains "peapd.exe".  That file
contains at least the following text strings, which are either
identical to strings included with FreeRADIUS, or substantially
similar:

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rlm_eap_tls: FATAL SSL error ..... %d
rlm_eap_tls: %s failed inside of TLS (%d), TLS session fails.
rlm_eap_tls: %s failed in a system call (%d), TLS session fails.
handshake_send
rlm_eap_tls: Application Data
In SSL Connect mode 
In SSL Accept mode 
Before SSL Handshake Phase
In SSL Handshake Phase
SSL Connection Established
SSL_read
 rlm_eap_tls: Requiring client certificate
rlm_eap_tls: Error creating new SSL
- --

  This code is part of the FreeRADIUS project, and you are infringing
on our copyright, and violating the GPL by copying it without
following the terms of our license.

  Nothing under copyright law gives you permission to use our
copyrighted code without our permission.  The only license terms
available for the code in question is the GNU GPL, which is
distributed with the FreeRADIUS server source.  The terms of that
license require you to make the source code for derived works
available under the same terms as the the original code.  I refer you
to section 2 (b):

- ---
    b) You must cause any work that you distribute or publish, that in
    whole or in part contains or is derived from the Program or any
    part thereof, to be licensed as a whole at no charge to all third
    parties under the terms of this License.
- ---

  We have tried contacting the public email address for tinypeap:
"tinypeap at yahoo.com".  We have yet to receive a response.  We are
sending this message to the contact address listed in "whois", and to
the Georgia Institute of Technology Office of Legal Affairs, as you
are distributing the infringing material from a machine hosted at that
institute.

  You have 24 hours to remove all infringing binaries (tinypeap.exe,
and any Linksys firmware containing the infringing code) from your
website, or to comply with the terms of the GPL by releasing the
source code to tinypeap under the GPL.

  If you do not choose to release the source under the GPL, you must
remove the infringing code from any version of tinypeap that is
released in the future.  This removal may be done by re-writing the
code in question.  A simple edit of the text strings will not suffice,
as our copyright applies to the binaries produced from the C source
code, in addition to the text strings.

  If you do not comply within 24 hours, we will send a DMCA
"take-down" notice to you personally, and to the office of the legal
affairs.  We hope you take our concerns seriously.

  Alan DeKok.
  The FreeRADIUS Server Project
  http://www.freeradius.org
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  Alan DeKok.